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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 27 November 2024
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Displaying 1699 contributions

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Delegated Powers and Law Reform Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 17 September 2024

Stuart McMillan

Thank you, cabinet secretary. We have divided the questions up into various themes, so the questions will come in blocks. The first theme that the committee will ask about is policy development. We will, in particular, discuss the powers to be found in paragraphs 40(4), 49(5), 50(7) and 59 of the schedule as well as sections 10, 11 and 12.

In relation to a number of the delegated powers, as confirmed in your response to the committee’s letter, very few policy development discussions have taken place on issues such as the assessment of compensation and the right to buy. Can you provide some context as to why those discussions have not yet taken place and why they were not carried out at an earlier stage in the planning of the bill?

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 17 September 2024

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 17 September 2024

Stuart McMillan

Under item 5, we are taking evidence from Mairi Gougeon, the Cabinet Secretary for Rural Affairs, Land Reform and Islands, on the Land Reform (Scotland) Bill. The cabinet secretary is accompanied by three Scottish Government officials: Fiona Leslie, who is the head of the agricultural holdings and women in agriculture team; Andy Crawley, who is from the Scottish Government legal directorate; and Andy Proudfoot, who is the Land Reform (Scotland) Bill team leader. I welcome you all to the meeting. In particular, I welcome back to the committee Andy Proudfoot, who previously was a clerk to the committee. It is very nice to see you again, Andy, albeit that you are very much on the other side of the table this time round.

I invite Tim Eagle to speak.

Delegated Powers and Law Reform Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 17 September 2024

Stuart McMillan

Thank you. I remind all attendees not to worry about switching on their microphones, as that will be done for you.

I invite the cabinet secretary to make her opening remarks.

Delegated Powers and Law Reform Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 17 September 2024

Stuart McMillan

Thank you. That answer was quite detailed on both points. On the conversation aspect, you mentioned the range of individuals and organisations that you have spoken to so far. Are they content with the approach that has been taken in the bill or have they raised concerns?

Delegated Powers and Law Reform Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 17 September 2024

Stuart McMillan

There are obvious risks associated with legislating before policy is fully developed. Has consideration been given to the challenges that that creates for proper parliamentary scrutiny? What, if anything, has been put in place to reduce those risks and to support scrutiny, despite the lack of policy development?

Delegated Powers and Law Reform Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 17 September 2024

Stuart McMillan

Have you ruled out adding to the number of instruments that are subject to the affirmative procedure? Do you think that you have struck the right balance between the amount of affirmative instruments and other instruments?

Delegated Powers and Law Reform Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 17 September 2024

Stuart McMillan

What are the plans and timescales for the on-going policy development discussions with stakeholders?

Delegated Powers and Law Reform Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 17 September 2024

Stuart McMillan

I have one final question, which is about the affirmative and super-affirmative procedures. Would you consider them if the committee made some recommendations with regard to some of the powers?

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 10 September 2024

Stuart McMillan

Tim Eagle wants to comment.